NCJ Number
143036
Journal
American Journal of Police Volume: 11 Issue: 4 Dated: (1992) Pages: 71-96
Date Published
1992
Length
26 pages
Annotation
The incarcerated undercover law enforcement exception to Miranda as enunciated in Illinois v. Perkins is the subject of this legal note which explores the implications of the new exception in view of police deception and trickery.
Abstract
Psychological coercion motivated the Miranda rule, but in 1990, the United States Supreme Court appeared to condone police deception in eliciting incriminating remarks from criminal suspects. The discussion examines post-Perkins lower-court cases to clarify the doctrine and to provide guidance on the meaning of a police-dominated environment, explores why jailhouse police informants can use more trickery and deception before formal charges are filed than after indictment, and applies a four-part "ends-justifies-the-means" test to the Court's rationale as enunciated in Perkins. A new crime-control bright-line test, that is, a strict and perspicuous rule that makes procedures clear and precise, is taking the place of the original due process-oriented Miranda rule. Most likely, the expanded power of police investigative practices as condoned in Perkins and Wilson will encourage police deception and trickery. 7 notes and 25 references